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EPSA WELCOMES U.S. SUPREME COURT DECISION TO REVIEW MARKET-BASED RATE CASES

WASHINGTON, D.C. - The Electric Power Supply Association (EPSA) was advised today that the U.S. Supreme Court has granted review of Ninth Circuit court cases involving market-based rate authority and Mobile Sierra contract protection as supported by EPSA in a friend of the court brief. The following statement in reaction to the Court's decision is from John E. Shelk, EPSA's President and CEO:

"EPSA is very pleased to learn that the U.S. Supreme Court has granted review of these cases as supported by EPSA.

"As EPSA stated at the time of the troubling decisions issued by a panel of the Ninth Circuit in December 2006, contract stability is essential to any industry, but particularly one such as electricity with long lead development times and high capital costs.

"The uncertainty created by the Ninth Circuit decisions could prove costly for consumers and suppliers alike. While we appreciate and recognize the steps the Federal Energy Regulatory Commission has taken to improve its market-based rate program since the time period in question in these cases, Supreme Court review is warranted. As the threshold for review is high, we are all the more encouraged. EPSA looks forward to participating in the Supreme Court's consideration of the merits of the case."

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CONTACT: JOHN SHELK
(202) 349-0154or 703-472-8660

EPSA is the national trade association representing competitive power suppliers, including generators and marketers. These suppliers, who account for nearly 40 percent of the installed generating capacity in the United States, provide reliable and competitively priced electricity from environmentally responsible facilities serving global power markets. EPSA seeks to bring the benefits of competition to all power customers.